Thursday, January 29, 2004

Panel backs more time for Downs to find site

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AUGUSTA — Scarborough Downs won a preliminary round in the Legislature Wednesday in its effort to buy more time to find a southern Maine community willing to host a harness track equipped with slot machines.

But another controversial racino idea suffered a setback, when the Legal and Veterans Affairs Committee rejected a plea by two Indian tribes to force Bangor to solicit new bids for a racino operator. The Penobscot and Passamaquoddy tribes want the Legislature to toss out a deal Bangor has with promoter Shawn Scott and his Bangor Historic Track so the tribes can submit a racino plan of their own to the city.

The legislative panel also decided Wednesday that voters should not have the final say on any changes the Legislature may make to the racino law approved at the polls in November.

If that decision holds up as talks continue, the Legislature and the governor, not the voters, will call the shots on revising the law that allows commercial harness-racing tracks to install slots with local approval.

That law, which takes effect Feb. 21, gave harness tracks in Scarborough and Bangor until Dec. 31 to win local support for a racino. That posed no problem for Bangor because voters there had approved a racino in June. But voters in Scarborough, Saco and Westbrook said no to Scarborough Downs in 2003, leaving the track with no chance to sound out other communities.

Wednesday's committee votes suggest that the panel wants to help Scarborough Downs, honor Bangor's racino deal with Scott and avoid a referendum on racino reforms.

But the votes are not final or binding, and any discarded ideas could resurface, either in the committee or when the panel eventually sends its recommendations to the full Legislature.

Gov. John Baldacci wants the Legislature to tighten regulations on the racino industry before Feb. 21, to ensure the controls are in place before the law takes effect. Legislation submitted by the governor would force racino promoters to get separate harness and slot licenses from two boards, instead of a single license from the Harness Racing Commission, as the voter-approved law allows.

The legislative committee is trying to decide which of the governor's proposed reforms, and which of the many suggestions made by lawmakers, should be incorporated into the bill the committee will send to the House and Senate in the weeks ahead.

In making the case for Scarborough Downs, supporters say the state needs two harness tracks if that industry is to survive. Without slots, they say, Scarborough Downs will eventually fold or move. Others argue that Scarborough Downs had its chance to find a site in 2003, so the Legislature should honor the will of the voters and retain the Dec. 31 deadline for local approval of racinos.

The committee rejected one possible solution to Scarborough Downs' dilemma while approving another one for further discussion. The upshot is that the panel may agree to let Scarborough Downs resume its search for a racino site, but not right away.

The panel does not want to give Scarborough Downs immediate approval to continue looking for a host community, which is what would happen if the Legislature simply lifted the Dec. 31 deadline. Instead, the committee will consider allowing Scarborough Downs to resume its search in two years.

Rep. Joseph Clark, D-Millinocket, the co-chairman of the committee, proposed the two-year wait, saying Scarborough voters may be more receptive to a racino by then. Clark said Wednesday that Bangor probably will have a racino running within the next two years, so voters in southern Maine will have a chance to evaluate that racino's performance before voting on another proposal.

Robert Tardy, a lobbyist for Scarborough Downs, said a two-year delay would be acceptable because Scarborough Downs probably would not want to seek another local referendum for a year or two anyway. Tardy said the only reason Scarborough Downs moved so quickly to schedule votes in Saco and Westbrook last year was the new law's deadline for action.

The tribes introduced their plan last week to force Bangor to start over as that city tries to open a racino. But most committee members said before Wednesday's meeting that they thought the proposal came too late. Lawmakers stuck to that position when they voted.

Scott is selling Bangor Historic Track to Penn National Gaming of Pennsylvania, which wants to offer harness racing and slots in Bangor. Penn National is awaiting a license from the state Harness Racing Commission, which would allow it to install slots after Feb. 21 unless the Legislature approves the two-step licensing process proposed by the governor. James Mitchell, a lobbyist for the tribes, said the plan is not dead because the tribes hope to turn things around, either in the committee or later in the House and Senate.

Still to come is a possible committee vote Friday on whether to consider postponing the startup of the voter-approved racino law.

Supporters of a delay argue that the Legislature should pass tougher controls before the law takes effect but Feb. 21 is too tight a deadline. Opponents counter that delaying the law would be a slap in the face to the voters, and that the Legislature can make necessary changes before then.

Staff Writer Paul Carrier can be contacted at 622-7511 or at: pcarrier@pressherald.com


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